25-CR-23-2120 Filed in District Court

State of Minnesota
11/3/2023

State of Minnesota District Court

County of Goodhue 1st Judicial District
Prosecutor File No. 03900
Court File No. 25-CR-23-2120

State of Minnesota, COMPLAINT

Plaintiff, Summons
vs.
KALEEN ANN GUSTAFSON DOB: 03/11/1985
13041 Sunset Trl
Welch, MN 55089
Defendant.

The Complainant submits this complaint to the Court and states that there is probable cause to believe
Defendant committed the following offense(s):
COUNT I
Charge: Theft-By Swindle
Minnesota Statute: 609.52.2(a)(4), with reference to: 609.52.3(2)
Maximum Sentence: 10 years imprisonment, a $20,000 fine or both
Offense Level: Felony
Offense Date (on or about): 03/28/2022 to 02/06/2023
Control #(ICR#): 23001696
Charge Description: On or about March 28, 2022 through February 6, 2023, within the County of
Goodhue, State of Minnesota, defendant, by swindling, whether by artifice, trick, device, or any other
means, obtains property or services from another person, and the value of the property or services stolen
was more than $5,000 but not more than $35,000, to wit: $30,699.29.

1
 25-CR-23-2120 Filed in District Court
STATEMENT OF PROBABLE CAUSE State of Minnesota
11/3/2023

The Complainant states that the following facts establish probable cause:

On or about February 6, 2023, Assistant Chief (AC) Nick Sather received a phone call from Chief Gordon
Rohr of the Red Wing Police Department. Chief Rohr said he was notified of a city employee stealing
funds from the City of Red Wing. Chief Rohr asked that AC Sather go to City Hall located at 315 West 4th
Street in the City of Red Wing in Goodhue County, State of Minnesota and meet with City Administration to
start an investigation.

AC Sather arrived at City Hall and met with the Administrative Business Director Marshall Hallock. Hallock
stated that an employee identified as KALEEN (KELLY) ANN GUSTAFSON, dob 03/11/1985, had stolen
money from City of Red Wing funds. Hallock said GUSTAFSON worked in the area of finance and at times
did deposits for the City of Red Wing. He said they discovered this theft earlier that day and had pulled
some financial records. AC Sather was informed that GUSTAFSON had created fake invoices. She had
taken an invoice from 2021 and created a new one for the month of November 2022 to be paid. The
invoices appeared very similar, as the one from 2021 had been copied and then the dates were changed.
AC Sather was shown a copy of the invoices, and the date appeared doctored as it had a different font and
was not completely even. Then GUSTAFSON had a check written out to pay the invoice of $1,001.92. She
then took that check, deposited it, took the cash back out from the bank, and kept it. AC Sather was also
informed of another possible theft of a fake invoice created for a League of Minnesota Cities Convention
that appeared was paid. He was informed that the City called the League of Minnesota Cities, and they
claimed that the invoice was not sent by them, but there had been one in the past.

AC Sather met with GUSTAFSON and explained that he was the Assistant Chief of the Police Department,
and that he also was running the Investigations Division and as part of an investigation, he wanted to speak
with her. GUSTAFSON sat down and immediately said she would talk with AC Sather to clear up this
mistake. AC Sather stopped GUSTAFSON from talking and informed her that he first wanted to make sure
she was read the Miranda Warning and understood what was going on.

AC Sather read GUSTAFSON the Miranda Warning, and GUSTAFSON said she understood. He
explained that he was investigating theft of money from the City, and she was the suspect in the theft. AC
Sather explained to GUSTAFSON that she was not required by her employment to talk with him, and could
leave at any time during their discussion. GUSTAFSON said she understood and would speak with AC
Sather.

GUSTAFSON said she paid an invoice that had been duplicated. She said she did not notice that she was
paying a duplicate invoice. GUSTAFSON said on the same day, she was getting petty cash for the Police
Department. She said Captain Travis Bray wanted to start a new cash box. (The City does carry a couple
of funds, usually around $100 each in cash, in case the Police Department or other divisions need cash for
a purchase.) GUSTAFSON said her process worked by entering the invoices and then she printed checks
later to pay the invoices. She said her checks were all printed in a stack, and she got a call that someone
was stopping over. GUSTAFSON said she pulled the ones that said “City of Red Wing” from the stack. She
said there was one, but she was discombobulated. She then said there were actually two. GUSTAFSON
said there was one that was a duplicate invoice, and there was one that was for the cash. GUSTAFSON
said she talked to her co-worker because she needed $5 bills for the City. She said she had a benefit for
her sister-in-law who had cancer. GUSTAFSON said at that same time, she had cash of her own. She said
she cashed the petty cash check for the $5 bills and whatever else that was needed. GUSTAFSON said
she then later had to do the deposit at the end of the day, and when she did the deposit, she accidentally
2
 25-CR-23-2120 Filed in District Court
deposited both checks. GUSTAFSON said when she added everything up that it added upState of Minnesota
correctly. She
11/3/2023
said because it added up that in her brain and she did not even think about it because her stuff matched.

AC Sather asked GUSTAFSON a couple of clarifying questions as he was not that familiar with the deposit
and finance process for the City. GUSTAFSON said she had two checks to deposit, and that both checks
were written out to the City of Red Wing. She said one of the invoices she wrote the check out to was a
duplicate invoice. GUSTAFSON said her process is usually she will go through her invoices and checks
individually and go through each one. She said she pulled out the City of Red Wing ones because she
needed petty cash. GUSTAFSON said so technically, the check was made out to the City of Red Wing, and
she cashed it to get cash for the petty cash fund. She said usually they would just get the petty cash from
what was on hand, but there was not any cash to deposit so they needed cash. GUSTAFSON said she
talked with an employee named Missy that day and confirmed there was not any cash coming in, so they
needed to withdraw the cash. She said she had her own cash on hand, and figured she would just put her
own cash into the petty cash fund and then reimburse herself when she cashed the check. GUSTAFSON
said the cash then got messed up because she had her own cash used to make petty cash for the city. She
said the invoice came to her and should not have because it was a duplicate. GUSTAFSON said she did
not realize that the invoice was a duplicate. GUSTAFSON said the duplicate invoice had never happened
before, and she usually did not deal with petty cash often.

GUSTAFSON said she had only dealt with the petty cash twice, and once was for tobacco compliance
when the police needed funds (cash) to purchase tobacco. GUSTAFSON said she was hired in March of
2022, and that is when she started her job.

AC Sather asked GUSTAFSON how she would reply if he told her that there was more missing money that
was noticed other than what she claimed was just a mistake that one time. GUSTAFSON just replied,
“Umm okay.” AC Sather stated that the City noticed there was cash missing. GUSTAFSON replied, “Yes, I
have it.” GUSTAFSON said this occurred in November. AC Sather explained to GUSTAFSON that if she
took money in November from the City of Red Wing, was aware of this, and never returned the money, that
it looked more like theft to him. GUSTAFSON said the reason she did not notice it though was because
she balanced her deposit and everything looked fine. She said she also had her own money, so she just
put the money into her own raffles for the benefit that she was doing.

AC Sather asked how she would not notice that on that day in November she had about an extra $1,100.00
in cash on her that was not hers. GUSTAFSON said, “I know that looks horrible.” AC Sather then told
GUSTAFSON that it appeared that was not the only amount of cash missing from the city. He explained that
in addition to that money, there was another invoice created for the League of Minnesota Cities regarding
a conference. GUSTAFSON said she did not know anything about that one. She said she only would do
petty cash things, and earlier said she had only withdrawn cash two times during her employment.

GUSTAFSON then made a comment that this was horrible. AC Sather told GUSTAFSON actually it was
called theft. He explained to GUSTAFSON that sometimes the best thing to do is come clean about what
she did, because the finance department was now going to go through all of the finance records since the
start of her employment, and they would eventually find everything that was stolen. He explained that not
knowing she had an extra few dollars could be understood, but that taking over $1,000.00 in cash and
trying to claim it was an accident did not make any sense. AC Sather told GUSTAFSON that it was time to
own up so that they could get this done and she could move on beyond this.

GUSTAFSON again re-iterated that what she told AC Sather definitely happened. She said she had a
raffle and an envelope with money that she had not gone through yet at the same time. GUSTAFSON said
people were donating extra money to the raffle and she did not even know what was in the envelope for
money at the time. She said she pulled the money and made change, and put the money in the envelope.
3
 25-CR-23-2120 Filed in District Court
GUSTAFSON said the mistake was hers and she did not catch it. State of Minnesota
11/3/2023

AC Sather asked GUSTAFSON if there were other times. GUSTAFSON said no. She said her stuff
matched, so it was just a mistake. AC Sather explained to GUSTAFSON that she could go ahead and
make a fake or copy invoice and make a check for it and it might make it look correct, but when running the
actual numbers, the balance would be off and show no matter how she tried to make it match. He explained
to GUSTAFSON that the finance department already found this one issue and when they actually start to
dig into each invoice made, any other ones that were made would be found as well. He told GUSTAFSON
that it would look better for her to own up to the thefts and let him know why this happened. GUSTAFSON
asked how this all worked. AC Sather explained that at that point, it was over $1,000.00, so it was a felony
theft. He stated that the City had already decided to start an investigation, and that he did not have any
control over what they decided.

GUSTAFSON said there were two incidents. She confirmed that there was also an invoice written out for a
conference. AC Sather said he was aware of that one, and the money was missing. GUSTAFSON said,
“Yes,” but she did not remember how that one went. She said she looked that one up, too. GUSTAFSON
said she somehow duplicated, but then said not duplicated, and then said it was supposed to go on a
credit card and she instead made it out to the City of Red Wing. She said that the original invoice was
actually paid on a credit card and she looked it up. GUSTAFSON said she knew of the two incidents AC
Sather brought up, and that it was only those two times.

AC Sather asked GUSTAFSON why she decided to take the money and if she had financial troubles.
GUSTAFSON said she did not really recall how the conference one happened, but said she just had a lot
going on. She said she was not even paying attention, and she messed up a whole bunch of things the last
two months. GUSTAFSON said her sister-in-law was dying. AC Sather said someone just not paying
attention does not inadvertently steal money on more than one occasion and make up invoices.

GUSTAFSON said it was not planned out. AC Sather told GUSTAFSON that often people figure they can
get away with it for a while, and then some plan to pay it back. GUSTAFSON replied, “Pretty much.”
GUSTAFSON said she definitely made a poor decision, and she was not like that at all. She said that in
the previous week on Thursday and Friday when this stuff was being looked at, she told a co-worker it was
her. GUSTAFSON said the co-worker told her to just pay it back. GUSTAFSON said well yeah, it was not
her money. She said she should have figured this out sooner, and she had the funds to pay it back.
GUSTAFSON said there were not other incidents that finance would find.

AC Sather explained that someone created the invoices, and they were actually fake and not just
duplicates. He said someone actually took the time to recreate the invoices. GUSTAFSON paused and did
not say anything. He explained that he saw the original invoice and the ones that were created to be a
duplicate. AC Sather stated that someone took some time and thought to actually create those invoices to
be paid. GUSTAFSON said she did not make the invoices. AC Sather asked GUSTAFSON if she just
copied one and re-created it, or how did it happen? GUSTAFSON claimed she just got the invoices, and
they were coded and given to her. AC Sather then asked her about the stamps on the checks, as it was
different stamp used than normal. GUSTAFSON said she sometimes had to stamp the checks, but usually
did not.

AC Sather explained to GUSTAFSON that as much as she tried to explain her way out of these thefts, that
it did not really matter in the end. He told GUSTAFSON that either way, she stole at least a couple thousand
dollars that they knew of, and there was no way she was not aware that she was stealing money. AC Sather
told GUSTAFSON that he was hoping for the truth that day, but that the records show she committed theft
either way. GUSTAFSON said she did it, and she could not tell him at the time what was going on with her,
and it was a blur for the last six months of her life. GUSTAFSON said she had been working full-time and
4
 25-CR-23-2120 Filed in District Court
only getting paid part-time, and she just literally went full-time now. State of Minnesota
11/3/2023

Captain (Capt.) Brian Metling of the Red Wing Police Department met with Hallock and Finance and
Accounting Manager Sue Iverson after an internal audit was completed regarding GUSTAFSON, who had
been put on paid leave due to the theft internal/criminal investigation against her. GUSTAFSON was
terminated from the City of Red Wing on February 7, 2023 due to the allegations of fraud/theft and misuse
of public funds.

After AC Sather initially interviewed GUSTAFSON she sent Hallock, Iverson and Kay Kuhlman (Council
Administrator) an email from her personal email account on February 6, 2023 stating the following:

“My sincerest apologies for the misjudgment on my part. I just met with Officer Sather. I accept full blame for
the two issues that arose today. I understand this speaks poorly on my character. There are no excuses to
make this right. I hope I can make this right. I hope I can make this right. Pay back the funds and resign?
I’ve never broken the law in my life and I apologize for this. The last 6 months of my life have been a blur
and tougher then most. Let me make this right with you guys. I’m so sorry, KELLY GUSTAFSON.”

Upon meeting with Hallock and Iverson, they told Capt. Metling that after a complete internal investigation
of all transactions from GUSTAFSON’s start date/last date of employment (March 28, 2022-February 6,
2023), the total financial loss/theft amount totaled $30,699.29. Hallock and Iverson provided an audit and
reports from the banks and software company. They stated that during the course of their investigation, they
determined that another $2,021.17 was attempted, but the checks were never cashed and had since been
voided.

Hallock and Iverson stated that during the course of their internal investigation, the City of Red Wing
worked with the bank and their software company and that any system gaps that were compromised to
commit the fraud/theft had been fixed. It was determined that most of the fraud/theft occurred by
manipulating the systems and internal controls. The City of Red Wing summarized that there were several
ways the fraud/theft occurred which were as follows:

• Forging signatures and turning in payment authorizations that were not valid for items such as mileage,
reimbursement for supplies and registration.
• Manipulating vendor accounts to put a second line with her (GUSTAFSON’s) own DBA (Doing Business
As) name-Backwoods Photography or a form of it. It should be noted that GUSTAFSON has a personal
photography business named, Backwoods Photography.
• Double paying the actual vendor and manipulating the vendor name on one of the checks, cashing it, and
then voiding it on the bank positive pay file after cashing it so it would not show up on an exception report.
City of Red Wing procedures stated that positive pay files needed to be uploaded immediately, not days
after payments were made.
• During the course of the City of Red Wing internal investigation/audit, it was found that GUSTAFSON
called Springbook (City of Red Wing’s Software Company) and asked for instructions on how to void
checks, clear checks, and do journal entries. The City of Red Wing told Capt. Metling that these duties
were separated, but GUSTAFSON was able to work around that. A transcript of GUSTAFSON’s phone call
to Springbrook was made and identified as Item W Audit Findings.

Hallock and Iverson then provided the written narrative from the City of Red Wing’s internal audit/actual
audit findings, which included an item letter and a description for each fraudulent transaction. The audit
findings are as follows:

A. Fraudulent Check dated 11/30/2022 for $1,081.65 made out to Goodhue County Sheriff, cashed at the
bank on 12/09/2022 and voided in Springbrook (finance system) on 12/13/2022. The endorsement on the
5
 25-CR-23-2120 Filed in District Court
back of the check from the bank was not legible. Check # 109069. It was unusual for Goodhue StateCounty
of Minnesota
not
11/3/2023
to have an endorsement, and law enforcement knew GUSTAFSON was part of the Sheriff’s Posse.
B. Fraudulent Check dated 05/04/2022 for $58.50 made out to GUSTAFSON for mileage reimbursement
on a forged signature payment Authorization (Sue Iverson). The signature was a copy of the signature from
somewhere else. It was deposited to GUSTAFSON’s Affinity Plus FCU credit union account on
05/13/2022. Check #105565.
C. Fraudulent Check dated 06/01/2022 for $58.50 made out to GUSTAFSON for mileage reimbursement
on a forged signature payment Authorization (Sue Iverson). The signature was a copy of the signature from
somewhere else and placed on the form. It was deposited to GUSTAFSON’s FFM Bank account on
06/07/2022. Check #106100.
D. Fraudulent Check dated 06/15/2022 for $7,223.47 made out to Perception Ink. LLC – first line,
Backwoods Photography – second line. This was taken from Port Authority Funds. There was a check for
Jeanne M Carpenter, who as Perception Ink. LLC on that same day, but that payment used a different
vendor number and was a legitimate payment for $7,223,47. There was no invoice and backup for the
fraudulent check. This was cashed at FFM bank. Check # 106350.
E. Fraudulent Check dated 06/22/2022 for $1,200.00 made out to RW Arts & Marketing – first line,
Backwoods Photography Design – second line. The vendor used did not exist and was closed four years
before, but it was activated and had GUSTAFSON manipulated the vendor line to read Backwoods
Photography Design. The Council reports were manipulated to read Shelia Smith and RW Arts. The check
was cashed on 07/05/2022, and it was voided in Springbrook on 08/01/2022. There were questions about
the check to Shelia Smith about the payment at council meetings, but when the ledger was checked and
saw that it was voided, it was assumed that it had been in error. The check was cashed at Affinity Plus
FCU. Check # 106368.
F. Fraudulent check for $4,260.00 dated 06/29/2023 made out to a fraudulent vendor account. There was
an actual account and a legitimate invoice to this vendor for $8,812.57 that was paid, but a copy of that
invoice was used and modified to cut this check. It was clear it was a copy of the original invoice used. The
check # 106517 was cashed at FFM Bank.
G. Fraudulent Check dated 06/29/2022 for $60.00 made out to GUSTAFSON for mileage reimbursement
on a forged signature payment Authorization (Sue Iverson). The signature was a copy of the signature from
somewhere else. It was deposited to GUSTAFSON’s Affinity Plus FCU credit union account on
06/30/2022. Check #106569.
H. Fraudulent Check dated 07/06/2022 for $1,474.78 made out to Anchor Promotions – first line,
Backwood Photography – second line. This was a manipulated copy of a 2021 invoice that was for the
same amount and used as the backup. The invoice was manipulated, and the same signature was used.
Check # 106583 and cashed at FFM Bank.
I. Fraudulent check dated 07/27/22 for $1,025.00 and cashed on 07/28/2022. This check was from a
Payment Authorization with no signature and a fraudulent Registration for LMC Registration and the CGMC
Coalition Registration that never was paid in cash, and the City was always invoiced for these. This check
was cashed at the bank for cash and was hand-stamped using Hallock’s signature stamp. Check #
107032.
J. Fraudulent Check dated 08/03/2022 for $56.25 made out to GUSTAFSON for mileage reimbursement
on a forged signature payment Authorization (Sue Iverson). The signature was a copy of the signature from
somewhere else. It was deposited to GUSTAFSON’s Affinity Plus FCU credit union account on
08/16/2022. Check #107185.
K. Fraudulent check dated 08/10/2022 for $3,572.01 made out to Graphic Design – first line, BW
Photography – second line. This Payment authorization was signed, but the backup was removed. There
was a second check to the vendor for a different amount as the numbers from the various invoices were
manipulated to come up with this amount. A copy of the original vendor endorsement was provided. This
check was cashed at FFM Bank, check # 107235.
L. Fraudulent check dated 09/14/2022 for $2,014.00 was made out to Graphic Design Inc – first line and
Backwoods Photography – second line. This payment authorization codes were changed, and it was not
6
 25-CR-23-2120 Filed in District Court
signed. It was cashed on 09/20/2022 at FFM Bank, check # 107760. State of Minnesota
11/3/2023
M. Fraudulent Check dated 09/14/2022 for $109.18 made out to GUSTAFSON for mileage reimbursement
and Amazon order that was not approved or ordered, and the City could not find any of the supplies on the
order. It was on a forged signature payment Authorization (Sue Iverson). The signature was a copy of the
signature from somewhere else, and forged or written over and placed on the form. It was deposited to
GUSTAFSON’s FFM Bank account on 10/11/2022. Check #107768. (Generally, IVERSON would have
used her Credit Card on any Amazon order for the department)
N. Fraudulent Check dated 09/28/2022 for $3,038.52 made out to B&H Photo-Video – first line,
Backwoods Photography – second line. This was a duplicate payment, once paid by Credit Card
legitimately, and then the invoice was copied and used to cut a check to GUSTAFSON. It would have
showed being paid to the Credit Card Company the first time, and to the above the second time. It was
deposited to GUSTAFSON’s FFM Bank on 10/05/2022. Check # 108015.
O. Fraudulent Check dated 10/26/2022 for $81.88 made out to GUSTAFSON for mileage reimbursement
on a forged signature payment Authorization (Sue Iverson). The signature is completely forged. It was
deposited to GUSTAFSON’s FFM Bank account on 10/27/2022. vCheck #108464.
P. This is the initial finding reported where a check made out to the City of Red Wing as the fiscal agent for
the Cannon Valley Trail and was cashed through the daily deposit cash. Deposit slip cash and the Daily
sales report differed – this was documented in the initial report that was filed. Amount $1007.92, check #
108563.
Q. Fraudulent Check dated 11/30/2022 for $60.00 made out to GUSTAFSON for mileage reimbursement
on a forged signature payment Authorization (Sue Iverson). The signature was a copy of the signature from
somewhere else. It was deposited to GUSTAFSON’s Affinity Plus FCU credit union account on
12/10/2022. Check #109075.
R. Fraudulent check dated 12/21/2022 for $4,317.63 made out to Graphic Design Inc– first line,
Backwoods Photography – second line. The Payment authorizations were not signed; however, the backup
did not agree with the amount of the check. In looking at the system information, it appeared that the
amounts from the first payment authorization were manipulated, one was omitted, and another was
inserted and inflated and charged to an account in Fund 101. There was a second check to the vendor for
a different amount as the numbers from the various invoices were manipulated to come up with this amount
as noted above. This check was cashed at FFM Bank, check # 109519.
S. This was a non-cashed fraudulent check dated 12/21/2022 in the amount of $1,979.25, which the City
voided at the bank and in Springbrook. They could not find the check or that it was ever cashed, but did find
it in their system, which was why they voided it. This one went with the proceeding one, as some of the
amounts from the original bills and payment authorizations were used from both to create both the previous
check and this one. Check # 109520.
T. This was a non-cashed fraudulent check dated 02/01/2023 for $41.92 made out to GUSTAFSON for
mileage reimbursement on a mileage reimbursement form that was not signed or approved. The City could
not find the check or that it was ever cashed, however they did find it in their system, which was why they
voided it. Check #110093.
U. This was an example of how the Graphic Design Inc checks were changed using some kind of program
to manipulate PDF files. The City talked to Springbrook and their IT department about this, and there were
any number of programs that could be used to do this. It was not done in the City’s system.
V. Copy of an export file created on 11/30/22, but in checking with the bank, this was manipulated and was
changed and submitted to the bank on 12/12/22. The example check attached had a totally different
number than the positive pay file received by the bank.
W. This was a transcript we received from Springbrook on a call GUSTAFSON made to Springbrook
support to ask for instructions on voiding checks, clearing checks out of reconciliation, and how to do the
Journal entries for voided checks. In the transcript of GUSTAFSON calling Springbrook on April 25, 2022
at 10:29 am, she (GUSTAFSON) left a message stating she needed a call back in regards to accounts
payable, and provided a phone number. Springbrook Finance assigned the call to Darcy Danheiser on
April 25, 2022 at 2:02 p.m. Danheiser added notes that she logged in with GUSTAFSON and they did BR-
7
 25-CR-23-2120 Filed in District Court
unclear cleared checks then voided the checks and showed her how to keep invoices openState if sheof Minnesota
11/3/2023
(GUSTAFSON) wanted. Talked about the JE that would need to be done to correct the cash. She was all
set.
X. Backup from Lauri Johnson on the Library coin deposits. Previously they had been taken to the bank,
run through the counter, deposited into the account, and the receipt brought back to enter into the system.
After GUSTAFSON was gone when Johnson went to the bank, the teller asked/questioned her, “Cash,
correct?” The City interpreted this to mean that GUSTAFSON had been taking the cash from this and not
depositing this into the bank account. This was usually done once a month, and there were several
deposits that seemed to be missing. The City could not tell how much/if any was missing due to this.
Y. This was an internet search documentation done to look up Backwoods Photography and verified that it
was GUSTAFSON.

Most of the above fraudulent transactions discovered during the internal investigation/audit the checks
were written out to GUSTAFSON with her home address listed or her personal business, Backwoods
Photography (Backwoods Freestyle Photography). The checks were cashed into GUSTAFSON’s bank
account at First Farmers and Merchants Bank or Affinity Plus Bank.

On October 25, 2023, Capt. Metling conducted an interview with GUSTAFSON at the Goodhue County
Law Enforcement Center (LEC). He told GUSTAFSON that the City of Red Wing had looked at their
books/completed an audit, and that was why he was speaking with her today. Capt. Metling read the
Miranda Warning to GUSTAFSON, which she stated she understood and agreed to answer questions.

GUSTAFSON acknowledged that she previously spoke with AC Sather about an initial theft amount, and
GUSTAFSON stated that it was her fault and that she had been fired by the City of Red Wing. Capt. Metling
told GUSTAFSON that the City had gone through their financial records for the time that she was employed
(March 28, 2022-February 6, 2023), and found that the amount of theft was $30,699.29.

Capt. Metling asked GUSTAFSON if she did/does have a business named Backwoods Photography, and
she stated, “Yep.” Capt. Metling told GUSTAFSON that there were City of Red Wing checks written out to
Backwoods Photography. He asked GUSTAFSON if she could explain why the checks would be written out
to Backwoods. GUSTAFSON stated, “No. I literally lost my mind. I don’t even know what I was doing
honestly.”

Capt. Metling told GUSTAFSON that documents had been changed/altered and that City of Red Wing
checks were written out to Backwoods photography and to her personally. He told her that she deposited
those checks into her personal bank account. Capt. Metling stated that he was looking for clarification why
checks were written out to her/personal business and deposited into her checking account.

Capt. Metling told GUSTAFSON that if she was in a tough financial spot, that he was giving her the
opportunity to let him know why this happened. GUSTAFSON stated that she was working part time and
was told that they were going to put her full time. She also stated that she was diagnosed with kidney
cancer and that her sister-in-law died. GUSTAFSON stated that there were so many things, and she wasn’t
in the right place.

Capt. Metling asked GUSTAFSON if she recognized that she was doing this and writing out checks and
manipulating. He told GUSTAFSON that it was very obvious what she was going on, and she replied, “Yep.”
Capt. Metling asked GUSTAFSON if she had any idea how much money it was, and she stated that she
did not. GUSTAFSON stated that she left everything there when she left (the City of Red Wing). She said it
was her intention to give it back, but it did not work out that way.

8
 25-CR-23-2120 Filed in District Court
PLEASE TAKE NOTICE: Pursuant to Minn. Stat. 609.49., intentional failure to appear for dulyState of Minnesota
scheduled
11/3/2023
court appearances may result in additional criminal charges, and in addition to any arrest warrant that may
otherwise be issued by the Court.

9
 25-CR-23-2120 Filed in District Court
SIGNATURES AND APPROVALS State of Minnesota
11/3/2023

Complainant requests that Defendant, subject to bail or conditions of release, be:

(1) arrested or that other lawful steps be taken to obtain Defendant's appearance in court; or
(2) detained, if already in custody, pending further proceedings; and that said Defendant otherwise
be dealt with according to law.
Complainant declares under penalty of perjury that everything stated in this document is true and
correct. Minn. Stat. § 358.116; Minn. R. Crim. P. 2.01, subds. 1, 2.

Complainant Nicholas Sather Electronically Signed:

Assistant Chief of Police 11/02/2023 01:43 PM
430 W 6th Street Goodhue County, Minnesota
Red Wing, MN 55066
Badge: 201

Being authorized to prosecute the offenses charged, I approve this complaint.

Prosecuting Attorney David J. Grove Electronically Signed:

Assistant County Attorney 11/02/2023 01:18 PM
454 W Sixth Street
Red Wing, MN 55066
(651) 267-4950

10
 25-CR-23-2120 Filed in District Court
FINDING OF PROBABLE CAUSE State of Minnesota
11/3/2023
From the above sworn facts, and any supporting affidavits or supplemental sworn testimony, I, the Issuing Officer, have
determined that probable cause exists to support, subject to bail or conditions of release where applicable, Defendant’s arrest
or other lawful steps be taken to obtain Defendant’s appearance in court, or Defendant’s detention, if already in custody,
pending further proceedings. Defendant is therefore charged with the above-stated offense(s).

X SUMMONS
THEREFORE YOU, THE DEFENDANT, ARE SUMMONED to appear as directed in the Notice of Hearing before the
above-named court to answer this complaint.
IF YOU FAIL TO APPEAR in response to this SUMMONS, a WARRANT FOR YOUR ARREST shall be issued.

WARRANT
To the Sheriff of the above-named county; or other person authorized to execute this warrant: I order, in the name of the State
of Minnesota, that the Defendant be apprehended and arrested without delay and brought promptly before the court (if in
session), and if not, before a Judge or Judicial Officer of such court without unnecessary delay, and in any event not later than
36 hours after the arrest or as soon as such Judge or Judicial Officer is available to be dealt with according to law.

Execute in MN Only Execute Nationwide Execute in Border States

ORDER OF DETENTION
Since the Defendant is already in custody, I order, subject to bail or conditions of release, that the Defendant continue to be
detained pending further proceedings.

Bail: $
Conditions of Release:

This complaint, duly subscribed and sworn to or signed under penalty of perjury, is issued by the undersigned Judicial Officer
as of the following date: November 2, 2023.

Judicial Officer Patrick Biren Electronically Signed: 11/02/2023 03:51 PM

Judge

Sworn testimony has been given before the Judicial Officer by the following witnesses:

COUNTY OF GOODHUE
STATE OF MINNESOTA

State of Minnesota
Plaintiff LAW ENFORCEMENT OFFICER RETURN OF SERVICE
I hereby Certify and Return that I have served a copy of this
vs. Summons upon the Defendant herein named.
Signature of Authorized Service Agent:
Kaleen Ann Gustafson
Defendant

11
 25-CR-23-2120 Filed in District Court
DEFENDANT FACT SHEET State of Minnesota
11/3/2023

Name: Kaleen Ann Gustafson

DOB: 03/11/1985
Address: 13041 Sunset Trl
Welch, MN 55089

Alias Names/DOB:
SID:
Height:
Weight:
Eye Color:
Hair Color:
Gender: FEMALE
Race:
Fingerprints Required per Statute: Yes
Fingerprint match to Criminal History Record: No
Driver's License #: Z986298092823 (MN)
Alcohol Concentration:

12
 25-CR-23-2120 Filed in District Court
STATUTE AND OFFENSE GRID State of Minnesota
11/3/2023
Cnt Statute Offense Statute Nbrs and Descriptions Offense MOC GOC Controlling Case
Nbr Type Date(s) Level Agencies Numbers

1 Charge 3/28/2022 609.52.2(a)(4) Felony U106G N MN0250300 23001696

Theft-By Swindle
Penalty 3/28/2022 609.52.3(2) Felony U106G N MN0250300 23001696
Theft - Value over $5,000 or trade
secret, explosive, Controlled Substance
I or II

13